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Cannabis
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January 02, 2025
Hoboken Pot Dispensary Was Rightly Approved, Panel Finds
A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
Copyright & Trademark Policy And Trends To Watch In 2025
Congress has its sights set on cracking down on deepfakes this year with a pair of proposals aimed at establishing uniform protections for individuals nationally, and intellectual property attorneys are watching Illinois, which has become a go-to place to pursue online counterfeiters. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 01, 2025
Cannabis And Hemp Lawsuits To Watch In 2025
A California litigator alleging the unconstitutionality of multiple state and local cannabis licensure programs is pushing his actions through the federal circuit courts, hemp industry stakeholders are alleging that states have overstepped their authority with policies meant to rein in intoxicating products, and a coalition of marijuana companies' challenge to the federal ban on prohibition had its day in federal appellate court.
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January 01, 2025
Cannabis Advocates Hone Their Policy Goals For 2025
With Republicans set to control the legislative and executive branches, cannabis advocates predict that federal cannabis reforms in 2025 are still achievable, but note they will likely be more incremental than holistic, with an emphasis on public safety and states' rights.
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January 01, 2025
Pa. Legislation To Watch: Noncompetes, Funding Solutions
A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.
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December 23, 2024
Altria Unit Convinces Calif. Court To Ban Retail Elf Bar Sales
The e-cigarette unit of tobacco giant Altria Group scored a legal victory against the highly popular flavored vape brand Elf Bar after it convinced a California federal judge to block a number of smoke shops from selling the Chinese made products.
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December 23, 2024
House Report Says Gaetz Paid For Sex, Accepted Gifts
Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.
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December 20, 2024
Panel Baffled Why Prosecutor Left Holding Bag In Weed Case
A Michigan state judge who stuck the Wayne County Prosecutor's Office with a $66,000 bill for marijuana destroyed by police and said he'd "let the Court of Appeals sort it out" left those appellate judges scratching their heads — and reversing his decision on Thursday.
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December 20, 2024
Top Product Liability Cases Of 2024
Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation.
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December 20, 2024
Trulieve Wants Quick Win Over Insurer In Wrongful Death Suit
Trulieve said it's entitled to a default win against one of the two insurance providers it claims are supposed to indemnify it against a cannabis worker's wrongful death suit, saying the provider failed to respond to its litigation.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
Firm's Fee Battle With Pot Co. Could Turn On An Ellipsis
The fate of Lowenstein Sandler LLP's battle over nearly $800,000 in unpaid legal fees with a cannabis dispensary could hinge on how a judge interprets an ellipsis in a legal brief.
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December 19, 2024
Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes
Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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December 19, 2024
Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds
The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.
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December 19, 2024
The Spiciest Quotes Heard In Mass. Courts In 2024
Another year of hard-fought litigation was replete with quips, barbs, and both attorneys and defendants put on blast — plus one litigant who simply wished for the return of a nine-foot bedazzled grand piano.
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December 19, 2024
2nd Circ. Mulls Dormant Commerce Applicability To Marijuana
A Second Circuit panel appeared conflicted Thursday on whether the dormant commerce clause applies to federally illegal marijuana and, if so, whether New York cannabis regulators still had an interest in ensuring that some cannabis licenses went to locals.
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December 19, 2024
Cannabis Co. Proper Brands Purchased As Part Of $397M Deal
Missouri cannabis operator Proper Brands, advised by Cassels Brock & Blackwell LLP, on Thursday announced plans to merge with medical cannabis company Vireo Growth Inc., advised by Dorsey & Whitney LLP, as part of a series of all-stock transactions totaling $397 million.
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December 18, 2024
Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper
A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.
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December 18, 2024
Solar Co. Wants Colo. Hemp Growers' $200M Suit Tossed
Energy company AES Corp. wants out of a $200 million lawsuit brought by Colorado hemp growers over broken irrigation lines, saying the farmers are "feign[ing] ignorance" in hopes of keeping the suit in Colorado federal court.
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December 18, 2024
Philip Morris Sues FDA Over New Cigarette Warning Labels
Tobacco giant Philip Morris and a group of Georgia convenience store interests have sued the U.S. Food and Drug Administration over a rule that would add graphic warnings to cigarette labels, alleging the agency is exceeding its statutory authority in a move that would mark a "sea change" for the industry.
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December 18, 2024
RJ Reynolds Asks Justices To Toss Forum Shopping Argument
R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.
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December 18, 2024
Lowenstein Sandler Dispensary Fee Suit Must Fail, Court Told
Lowenstein Sandler LLP sunk its own $766,000 breach of contract and unjust enrichment suit by failing to give proper notice prior to filing, a New Jersey cannabis dispensary told the state court, hitting back against the firm's claims that its complaint is a continuation of an "ancillary legal action" — a bankruptcy proceeding.
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December 17, 2024
Worker Claims Merger Can't Nix Pa. Medical Pot Protection
An engineering company unlawfully fired a Pennsylvania worker after he tested positive for cannabis usage, even though the employer knew about the worker's medical marijuana prescription, according to a lawsuit filed in Pennsylvania state court.
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December 17, 2024
Mich. Couple Sues Town For Allowing Pot Co. To Expand
A Michigan couple claim a township is retaliating against them because of the husband's outspoken opposition to the recreational marijuana industry, accusing the municipal leadership of allowing a grow facility to expand next to their property and forcing them to "raise their children in a home that smells of marijuana."
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.